Deep v. Danaher
Aug
18
2008
Ruling
Bankruptcy court did not abuse discretion in enjoining debtor from filing pleadings without leave of court.
Procedural posture
Plaintiff brought an action against defendants, two chapter 7 trustees and two others. At issue in plaintiff's appeal was whether the bankruptcy court abused its discretion by acting pursuant to 11 U.S.C.S. § 105 to enjoin him from filing further pleadings in the bankruptcy court without obtaining prior leave of the bankruptcy court.
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Court
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Scrivner v. Mashburn (In re Scrivner)
Aug
08
2008
Ruling
Bankruptcy court did not have authority to approve surcharge for postpetition distribution of television revenues.
Procedural posture
Appellants, debtors who disclosed in their petition but did not claim as exempt an interest in television program revenues, appealed the judgment of the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit (BAP), affirming a bankruptcy court's authorization post-discharge of a surcharge for post-petition distributions of the revenues, and the BAP's refusal to decide whether the debtors' distributions were exempt.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Seaver v. Burwell Family L.P. (In re Burwell)
Aug
07
2008
Ruling
Bankruptcy court properly granted trustee's motion for turnover of assets of entities deemed to be debtor's alter egos used to defraud creditors.
Procedural posture
Two entities, a limited partnership and a limited liability company both associated with the debtor, appealed from an order of the United States Bankruptcy Court for the District of Minnesota, that entered a default judgment against each entity finding that each was the alter ego of the individual debtor, and which ordered the assets of the entities to be included in the bankruptcy estate.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Crink
Jul
31
2008
Ruling
Administrator's motion to strike debtors' Schedule I and redetermine debtors' monthly income denied as without authorization.
Procedural posture
The United States Bankruptcy Administrator (BA) filed a motion pursuant to 11 U.S.C.S. § 105 to strike chapter 7 debtors' Schedule I and set a new time period for determining the debtors' current monthly income.
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Court
:
- 11 U.S.C.
In re Luedtke
Jul
31
2008
Ruling
Creditor ordered to remove negative report to credit agency or face sanctions.
Procedural posture
The debtor had secured automobile loan from creditor, a credit union. As the completion of her chapter 13 plan neared, she alleged that the creditor had falsely reported her loan account as being delinquent in the pre-confirmation amount of the debt, and the debtor moved to require the creditor to accurately reflect her postpetition plan payments as current on the credit report, and for sanctions pursuant to 11 U.S.C.S. § 105.
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Court
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In re Eilderts
Jun
05
2008
Ruling
Case dismissed due to debtors' failure to turn over economic stimulus rebates to the estate in accordance with confirmation order.
Procedural posture
The debtors applied for permission to retain their economic stimulus rebate payment from the Internal Revenue Service (IRS) in order to buy a replacement vehicle. The trustee objected.
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Court
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Go West Entertainment Inc. v. New York State Liquor Auth. (In re Go West Entertainment Inc.)
May
14
2008
Ruling
Court declined to stay revocation of liquor license that was crucial to debtor's ability to conduct business.
Procedural posture
Plaintiff debtor filed a motion for a preliminary injunction staying the effectiveness of the revocation of the debtor's liquor license by defendant New York State Liquor Authority (SLA). The debtor sought a stay pending its appeal in the state courts of the SLA's revocation of the license.
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Court
:
- 11 U.S.C.
In re Potter
Apr
16
2008
Ruling
Creditor sanctioned for prosecuting state court action against another creditor in violation of stay.
Procedural posture
A bank filed a motion requesting the court to enter sanctions for violations of the automatic stay against another creditor under 11 U.S.C.S. § 105 based on the creditor's continued prosecution of a state court action.
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Court
:
- 11 U.S.C.
In re Blanchard
Apr
14
2008
Ruling
Debtors' attorney held in contempt and barred from practice before the bankruptcy court due to failure to comply with court orders.
Procedural posture
After an attorney who had been representing a chapter 7 debtor failed to comply with a court order directing her to file an itemized statement of fees and expenses as well as time records relating to debtor's case and after she failed to appear at a subsequent hearing on the same issue, the court notified all parties that it would consider the imposition of sanctions at a new hearing, for which notice was given.
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Court
:
- 11 U.S.C.
56 Assoc. v. Diorio
Jan
30
2008
Ruling
Deceased debtor's co-owners sanctioned for improper conduct in connection with trustee's efforts to sell property.
Procedural posture
Appellants, co-owners and tenants-in-common in real estate with a deceased debtor whose estate was bankrupt, sought review of orders of the U.S. Bankruptcy Court for the District of Rhode Island authorizing appellee trustee to sell the building and the land on which it stood in its entirety. Appellants also raised other objections to the proceedings below.
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Court
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